Fort Worth Injury Lawyer Blog

The worker who was fatally crushed Tuesday afternoon by drilling equipment at a gas well site in Arlington has been identified as 34-year-old Nabor Alvarado of Alvarado.

Alvarado is believed to be an employee of Trinidad Drilling, a Canadian company working for Chesapeake Energy, which owns the pad site in the 5700 block of U.S. 287 near the Kennedale border.

Alan Kassen, Arlington assistant fire chief, said it appeared that a large piece of drilling equipment fell on the worker about 4:15 p.m., killing him instantly, during assembly of the rig.

This is a terrible thing to happen to someone while on the job, and our hearts go out to Alvarado and his family.

Hopefully, an investigation will uncover the reason for this tragic accident. While accidents are common on drill sites, that does not mean they should happen. Something went wrong here—either equipment malfunction or human error. Either way, the accident should not have occurred.

Information and commentary is provided by Dallas/Fort Worth Personal Injury Attorney Mark Anderson. The Anderson Law Firm can be reached in Fort Worth at 817-294-1900 or in Dallas at 214-327-8000. For more information regarding construction or oil rig site injuries, please fill out our contact form online for a free consultation.

A tow-truck driver from Ranger, Texas died in the hospital after being hit on I-20 while loading a car onto his tow truck from a previous wreck. Adam Diaz Lopez Jr. was working at about 12:20 a.m. on Wednesday when a Fort F-250 swerved off the road, hitting Lopez.

The Department of Public Safety said that no citations have been issued for the driver of the F-250 at this time.

My sincere condolences go out to the family and friends of Adam Lopez. It is terrible to hear about a fatality such as this one occurring while a man was simply doing his job. The NHTSA reports that there is an average of 60 tow-truck driver deaths each year from roadside and job related accidents.

This information and commentary is provided by Dallas/Fort Worth Car Accident Lawyer Mark Anderson. The Anderson Law Firm can be reached in Fort Worth at 817-294-1900 or in Dallas at 214-327-8000. If you have questions about a personal injury case please fill out our contact form online for a free consultation.

Tri Tran, a 52-year-old Fort Worth, Texas resident, died from work related injuries on February 19th. He was injured on February 13th from being pinned near the ceiling by a scissor lift, which is typically used for changing light bulbs at the Dannon Yogurt Plant in Fort Worth, TX.

A Dannon spokesman stated that they are not exactly sure what happened at this time, and are still investigating the situation. Mr. Tran died from head and chest injuries related to the accident. The Occupational Safety and Health Administration is also conducting an investigation.

The possible options for the accident include equipment malfunction or Mr. Tran falling on the controls of the machinery.

Mr. Tran moved to the United States from his native country of Vietnam as a young boy. He leaves behind a wife and three children.

My sincere condolences go out to the family and friends of Mr. Tran. The unexpected and tragic loss of a loved one is something we all wish no one had to go through. There are so many awful injuries that I hear about each and every day. Hopefully, OSHA will be able to uncover the true cause of this death and precautions can be taken to ensure that nothing like this ever happens again at the plant.

This information is provided by Fort Worth Accident Attorney Mark Anderson, who can be reached in Fort Worth at 817-294-1900 or online by clicking here.

A high speed police chase started in Arlington and ended in a car crash in Ft. Worth, Texas late Tuesday afternoon. The chase started in Arlington on I-20 near the Parks at Arlington shopping center.

The chase started because the suspect ran into another vehicle with their pickup truck, and fled the scene when police were investigating that incident. In the process of fleeing the scene, the suspect ran over a police officer’s foot. The suspect’s name has not been released.

The chase was very brief, and concluded when the pickup truck climbed an embankment on the service road, hit a utility pole, and then flipped on its side. After the car flipped, the driver tried to escape on foot but was apprehended by police officials and taken to John Peter Smith Hospital for treatment.

The Arlington Police Department found open containers of alcohol in the vehicle.

According the Mothers Against Drunk Driving, about 3 in every 10 Americans will be involved in an alcohol related crash at some time in their lives. It is so important to educate drivers of all ages about the dangers and the consequences of driving under the influence.

I assume that various criminal charges will be brought against the suspect, including some sort of assault case as he ran over the police officer’s foot. I have a similar case pending now where I represent a local police officer. In my case, the “suspect” is charged with an intentional act of running into my client, and this affects the officer’s ability to recover compensation from the suspect’s liability insurance company (as the insurance policy does not cover “intentional” acts). My case has a ways to go, so we will see how it plays out.

Information and Commentary provided by Fort Worth Personal Injury Attorney Mark Anderson. Mark can be reach in Fort Worth at 817-294-1900 or online by clicking here.

46-year-old Bobby Gaddy of Saginaw, TX was tragically killed on the job yesterday morning when a tree he was removing fell on him. The accident occurred on Oak Court, a cul-de-sac off of Davis Blvd.

Mr. Gaddy was hired to remove a tree in the front yard about 30-40 feet high and about 30 inches around at the base. According to new reports, Mr. Gaddy and three other workers began to make cuts at the bottom of the tree when they realized some of the higher branches could hit the house. The tree snapped when Mr. Gaddy was up 15 feet on the ladder, and he fell and was pinned beneath the tree. He did not survive his injuries.

What a terrible accident. My heart goes out to the family and friends of Mr. Gaddy.

Information provided by Dallas/Fort Worth Injury Lawyer Mark A. Anderson, who can be reached toll free at 877-294-1115, or contacted by clicking here.

I was in Court yesterday in Tarrant County, Texas and the hearing before mine was about a lady who wanted to sell her structured annuity to one of those companies you see on TV, JG Wentworth. I don’t know the full history, but what I gathered is that she had been injured on the job with the railroad and had received a structured annuity as part of her personal injury lawsuit settlement. The lady was there alone and the only lawyer present was representing JG Wentworth. I learned that the lady received around $500 a month from the settlement (tax free) and that she was due to receive a lump sum payment of around $30,000 in 2017. Including that lump sum payment, she would receive a total of $72,000 over the next seven years. But in all her wisdom she had decided to sell her annuity for the whopping sum of $29,000. Wow, that was less than 50% of its present value.

The Judge quizzed her on her needs and it was not very clear why she needed the money. She had a job, had a car and had a house. The Judge made it very clear to her that he thought she was making a huge mistake. And he was absolutely right. She was truly making a horrible mistake and just giving away half her money. But ultimately, the judge approved it as she was an adult and if she wanted to make huge mistake, then that is her right.

My advice is to stay away from these type of companies. If you own a settlement and also need more money than the settlement stream provides, then do everything in your power to not sell the annuity—as you will lose over half its value in a sell. What can you do? Borrow money from others. Put a second lien on your house. Just don’t sell the annuity.

As an aside, I think structured annuities are great as they help make sure that the settlement money will still be there later. I encourage my clients that are receiving large settlement to at least consider the benefits of annuities. I refer them to Dirk Weeks at Structured Annuities, Inc. Dirk is extremely knowledgeable on these products and can provide lots of options depending on the future financial needs of the injury victim.

On a related topic, click here for my thoughts on Lawsuit Loan Companies.

Information provided by Texas Board Certified Injury Lawyer Mark A. Anderson, who can be contacted at 817-294-1900 in Fort Worth, at 214-327-8000 in Dallas and at 1-877-294-1115 across Texas. Also, please click here to contact online.

Firefighters rescued two maintenance workers Thursday morning from the roof of Cowboys Stadium after they slipped on ice and slid 250 feet down onto a gutter. One was taken by helicopter to Parkland Memorial Hospital in Dallas for chest and head trauma and a broken leg and the other by ambulance to John Peter Smith Hospital in Fort Worth for a back injury.

The men, who have not been identified, work for the subcontractor Birdair. They were not wearing their safety gear when they went out onto the roof, according to firefighters. According to the Dallas office of Occupational Safety and Health Administration, an official has already gone to the stadium to start an investigation into this accident.

12 to 15 firefighters were involved in the rescue, which required them to use stretchers and ropes to secure the injured men. Thankfully, fire fighters have been preparing for such a rescue and becoming knowledgeable about every aspect of the building since construction first began

Since work began on the stadium in April 2006, 175 work-related injuries were reported. One person was killed in June 2008, an electrician who touched a high-voltage line.

Information provided by Personal Injury Attorney Mark A. Anderson, who can be reached in Dallas at 214-327-8000, in Fort Worth at 817-294-1900, and anywhere in Texas toll free at 877-294-1115. He can also be contacted by clicking here.

A driver suspected of being drunk drove his car through the front of a Wal-Mart this morning. After crashing through the front doors he then jumped into the bed of a passing pickup and tried to flee. The pickup driver collided with several cars in the parking lot as he tried to remove the man from his truck.

According to witnesses the man drove erratically through the parking lot before crashing his vehicle into the front of the Wal-Mart near I-30 and Eastchase Parkway in Fort Worth, Texas. Unfortunately the car accident injured a Wal-Mart employee who was standing near the front of the store.

Police arrested the driver suspected of being drunk.

Drunk driving is a bad problem. This guy was drinking in the morning and was driving through a busy parking lot. It is amazing that more people were not injured. At this time of year with all of the back-to-school shopping, it is very fortunate that there were no children injured or killed. I certainly hope that the Wal Mart employee is OK.

Information provided by Mark A. Anderson, Fort Worth Injury Lawyer.

Litigation is about to begin surrounding the collapse of the Dallas Cowboys practice facility which happened back on May 2. The collapse injured 11 people and permanently paralyzed Cowboys scouting assistant Rich Behm.

Behm has hired Dallas-based injury lawyer Frank Branson who has already deposed the president of the company who built the structure—Summit Structures. Branson has also asked for company records; apparently, the Cowboys were aware of a previous structure failure constructed by Summit Structures, but chose to go with them anyway when building the practice dome.

Behm will not be suing the Cowboys, however, since Behm was covered by worker’s compensation, which bars him from filing suit against the organization.

Instead, Behm will go after Summit Structures for the poor building quality which left Behm with permanent life-changing injuries. According to Irving building code, the practice facility was supposed to have been able to stand wind gusts up to 90 mph. The day of the storm, winds were between 70 and 85 mph according to the National Weather Service.

Apparently, Summit Structures President, Nathan Stobbe is basing his defense on the severe weather and “downdraft” of wind that fateful day. A civil proceeding to allow for pre-lawsuit discovery has been filed. A lawsuit will no doubt follow soon.

Information provided by Fort Worth Board Certified Personal Injury Lawyer Mark A. Anderson 817-294-1900.

If you have been injured in an automobile wreck, truck collision, motorcycle crash, or any other type of accident which causes personal injuries in Texas, you must be aware of the relevant law called the Statute of Limitations. This law requires you to file a lawsuit at a local Texas Courthouse within two years of the date of the accident. If you have not resolved your injury case before then, it is absolutely imperative that this very strict two-year deadline is complied with. Failing to file a lawsuit within the two-year time frame eliminates your right to pursue a claim forever.

And it's imporatant not to wait until the eve of your two years to think about purusing an injury claim. If you've been injured as the result of another person's negligence, you should consider hiring a Board Certified Injury Attorney as soon as possible after your accident. Sooner is better because crucial evidence must be collected before it disappears. Plus, it's very common for injured parties to make mistakes on their claims if they don't have the guidance of an experienced personal injury lawyer.

The common mistakes injury victims make are discussed in detail in the newly released book by Injury Attorney Mark A. Anderson. It's appropriately titled, 15 Mistakes That Will Wreck Your Texas Accident Case. This informative book is available for FREE to Texas residents who may order it by calling 817-294-1900 or by visiting: www.DontWreckYourCase.com.

New reports are being released which indicate the Dallas Cowboys organization was aware of potential building flaws prior to the recent collapse of its practice facility in Irving, Texas.
The collapse happened May 2 after a strong thunderstorm knocked parts of the roof off while the team practiced, injuring 12 people and permanently paralyzing one team employee from the waist down.

The Cowboys hired Canada-based Summit Structures back in 2003 to design and build their practice structure, even with the knowledge that a Philadelphia building constructed by the same company had collapsed after a snowstorm. Fortunately, that collapse happened on a weekend and no one was injured. However, the Cowboys weren’t so lucky and now they might have to pay for their error.

Experts have concluded that design and construction flaws including the overall engineering of the structure was what caused the Cowboy facility to fail. Cowboy organization spokespeople declined to say whether they were warned about the Philadelphia incident or how much research they did on Summit before contracting their services.

It is clear now though, that reports, text messages and comments from multiple sources have been leaked which show there was some sort of knowledge on the part of the organization that they didn’t feel the facility was built as well as it could have been.

For the unfortunate few who were hurt in the collapse, they have multiple options should they decide to pursue a claim. There is the designer/builder Summit Structures and any related contractors who might have been negligent. But what about a personal injury claim against the Cowboys? If the Cowboys provided its employees with workers compensation coverage, then no claim can be brought against them by their own employees—the workers comp benefits are their sole source from the Cowboys. But if the Cowboys did not provide comp (it’s not mandatory) or if the injured person was not employed by the Cowboys, then any successful claim would have to prove negligence on behalf of the Cowboys to be successful.

If you have been injured as the result of another person or company’s negligence and you feel you have a valid claim, please contact the Anderson Law Firm to learn your rights at 817-294-1900.

If you have been injured in an auto accident, or any other type of accident for that matter, you have a ton of options when it comes down to hiring a lawyer for your Texas accident claim. Hiring an attorney is a very important decision and it's sometimes very difficult to try and weed through all of the attorneys out there who hold themselves out as being “injury attorneys.” So how do you know you're making the right decision? The best thing to do is to limit your search to only attorneys who are Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. This is a designation held by only 2% of the roughly 80,000 lawyers who practice law in Texas.

What does it mean to be Board Certified? It means that the attorney has passed a rigorous test on injury topics, has tried a certain number of cases to a jury, has been recommended by local attorneys and judges and has been practicing a certain number of years. There are plenty of qualified attorneys in Texas who are Board Certified, so there's no reason that an injury victim should settle for a lawyer who is not Board Certified.

The importance of hiring a Board Certified Injury Attorney is discussed in Mark A. Anderson’s new book, 15 Mistakes That Will Wreck your Texas Accident Case. This book is full of information which is helpful to accident victims. The Anderson Law Firm is offering a copy of the book FREE to Texas residents. To order your free copy, please call the firm at 817-294-1900. The book can also be ordered online at www.DontWreckYourCase.com.

A man was died yesterday in southeastern Robertson County when the rig he was working on leaked and blew out. The oil field accident occurred just after 3 p.m. off FM 1940, 10 miles east of Franklin, Texas near Camp Creek Lake . This gas well site is 30 miles north of Boston, Texas.

When the blast happened, the man was hit by a piece of pipe. He later died at St. Joseph Regional Health Center in Bryan. He remains unidentified until relatives are notified of his death.
The well is operated by EnCana which is a Canadian company.

WRONGFUL DEATH CLAIMS

In instances like this, there is potential for the family of the man who died to make a wrongful death claim on his behalf. If the man was employed by EnCana (the rig owner), in order for it to be a valid claim, the blow out would have to have been caused by a third party—or another company’s—negligence. Determining fault (or liability) would be the key factor in a case like this. Basically, if the man’s death resulted from the negligence of someone other than his employer or a co-employee (who is not covered by the same Worker’s Compensation as him), then there is the potential to make a valid wrongful death claim.

If you have questions about wrongful death or oil field accident claims, please contact Board Certified Texas Injury Attorney Mark A. Anderson for a free consultation to learn your rights.

An on-the-job accident today killed 56 year old crane operator at Delta Steel in South Fort Worth. The man, Johnny Little, was operating an overhead crane to move a 5 ton piece of metal when the metal fell and struck him on the head. Mr. Little was pronounced dead at the scene. Mr. Little was from Joshua and had worked at Delta Steel since 1997. A total of 527 workplace deaths were reported in Texas in 2007, the last year those statistics are available.

If you a loved one has experienced a serious injury of death as the result of the negligence of another person or company, then please call Board Certified Injury Lawyer Mark Anderson for a free consultation at 817-294-1900 or Contact Mark Anderson Online

Date: January 30, 2009
Location: I35E and Saner Ave.
Type: truck and car accident

A man was critically injured Friday after a rock-hauling 18-wheeler crushed his Toyota Corolla on Interstate-35E at Saner Avenue in Dallas, Texas. Somehow, the large truck wound up with its rear wheels on top of his small car and several firefighters had to extricate the man before he was quickly transported to Methodist Hospital in Dallas in critical condition. The man’s passenger, a woman, was able to escape the vehicle and was not injured. The wreck, which happened right around 2 p.m., shut down the interstate until 4:40 p.m. when everything was finally cleared. An accident investigation is being conducted to determine how the wreck occurred. The driver of the rock-hauler was not injured.

Information provided by Texas Board Certified Injury Attorney Mark A. Anderson. Photo courtesy of NBC5.com.

A bizarre truck accident in Benbrook, Texas left one man dead when the 18-wheeler he was driving swerved off of Southwest Loop 820 and unded crunched up under a bridge. The truck was carrying water bottles. The accident happened at 7:15 p.m. Thursday evening under the Winscott Road bridge. Three other cars driving the same direction as the semi-truck were involved and one man was taken to the hospital with injuries.

The bridge was closed last night until early this morning so it could be checked for structural damage.

As of now, no facts have been released which would reveal the reason for the accident. A thorough accident investigation might turn up what happened. The best source of facts for this investigation will be witness interviews and collection of the scene evidence, like skid marks, for example. The truck should also be equipped with an Engine Control Module (ECM) which may give useful information such as how fast the truck was going at the time of the crash.

Yesterday in Dallas, Texas, two workers were injured in a construction accident when a crane lowering a 9-ton pipe toppled over. The weight of the crane caused the cab of the machine to lift off the ground, leaning over the side of a building at a 45-degree angle. The pipe fell and landed on two work vehicles, while the actual crane landed on the roof. The injured included a man in one of the work vehicles who suffered a head injury when the pipe crashed into the vehicle roof. The other was a man on the roof of the building who suffered injuries to his legs and ankles.

(Photo courtesy of Star-Telegram.com)

There seems to be a rash of construction accidents involving cranes in Texas lately. Back in June, a man died in Dallas when something fell from a crane and struck him, and the very next day, three workers were hurt when a crane cable snapped at the new Cowboy stadium in Arlington. Then in July, a similar thing happened in Houston when a heavy crane toppled, but that time, the accident was so bad, that four people were killed and another seven workers were badly injured. These accidents just go to show how hazardous and unstable construction sites can be—especially when there is large machinery involved like tall cranes.

Not all of these on-the-job accidents end up in the civil legal system. First of all, the existence of worker’s compensation insurance coverage plays a role. If the injured party was covered by worker’s comp, and the accident was due to the negligence of a co-worker, then the laws of the State of Texas prohibit the injured party from making a claim against his employer. If there is no worker’s comp coverage, or if the responsible party is not a co-employee, then the injured party or their family is able to make a claim against the negligent person or company for damages.

The analysis of whether a claim can be made and who it should be against is sometimes tricky. If you are faced with the problems assocaited with an on-the-job injury, take advantage of the free case review offered by Board Certified Personal Injury Attorney Mark A. Anderson of Fort Worth, Texas.